José P. Sierra, a Principal in the Boston and Delaware offices of Fish & Richardson, represents individuals and corporations under investigation, provides counsel to corporate clients on compliance, risk management and corporate governance, and litigates white collar and qui tam/whistleblower cases. As a former federal prosecutor and chief compliance officer for two pharmaceutical companies, Mr. Sierra brings his experience, perspective, and unique understanding of both the law enforcement/regulator’s mindset and the real world of business in helping clients resolve enforcement actions on favorable terms.
Mr. Sierra is a frequent speaker on a variety of topics facing life sciences companies and executives, including off-label promotion, the False Claims Act, “Park Doctrine” liability, the Foreign Corrupt Practices Act (FCPA), the Dodd-Frank Act’s whistleblowing provisions and conducting internal investigations. Mr. Sierra has published numerous articles and his blog, www.pharmarisc.com, is widely read, providing readers with cutting edge information and insights into the myriad of legal, compliance and risk-based issues facing the life sciences and related industries.
Prior to joining Fish, Mr. Sierra spent nine years in the pharmaceutical industry, where he conducted internal investigations, and managed and worked with outside counsel in a variety of matters, including mass tort, class action and commercial litigation. He served as Senior Vice President, Chief Compliance and Ethics Officer for Sepracor Inc., and Kos Pharmaceuticals, Inc. At both Sepracor and Kos, Mr. Sierra was responsible for building and managing each company’s compliance and ethics program. Before becoming a member of senior management, Mr. Sierra was the Legal Director at Schering-Plough Corporation, where he was responsible for mass tort, products liability and commercial litigation. As an Assistant U.S. Attorney in Newark, New Jersey, Mr. Sierra managed long-term criminal investigations and prosecutions of individuals and corporations on behalf of the U.S. Department of Justice. During his tenure as a federal prosecutor, he led several high-profile prosecutions, including the first successful investigation and prosecution in professional boxing in over 40 years, resulting in a first-ever court-appointed monitor to oversee a professional sports organization. Mr. Sierra also led a significant prosecution of organized crime figures for which he received the Department of Justice’s “Directors Award for Superior Performance”. While in New Jersey, Mr. Sierra also served as an adjunct professor at Rutgers Law School from 1997 to 2007. Following law school, he served as a judicial law clerk to the Honorable Reynaldo Garza, U.S. Court of Appeals for the Fifth Circuit.